Alexandra Kern 2
The Reality of Cyberbullying Cyberbullying is A Crime Depending upon where you live, cyber bullying is a punishable crime, which does apply to juveniles. Currently 10 states including Pennsylvania have cyber bullying laws. The majority of states have both laws and policies set in place. Since cyber bullying laws vary from state to state, there are guidelines set in place that are generally considered against the law. Harassment in any form, any action that would cause fear of physical harm, intimidation and humiliation, or embarrassment, threats, and explicit photos would be considered breaking the law. Sexting is also lumped in with cyber bullying laws. Many schools have also adopted an “Anti-Bullying Code”. Within this, schools may get involved if cyber bullying affects the day to day life of students when they are in school, their “Zero-Tolerance policy”. In Pennsylvania, many cyber bullying cases will be handled as harassment cases if the nature of the bullying was to annoy or threaten the victim. If a victim was in fear of bodily injury or under major emotional distress, the cyber bullying may be charges as stalking. A common defense to a criminal cyber bullying case is the exercising their 1st amendment right of free speech. A harassment charge can carry the punishment of a fine, and or several months of jail time. Serious harassment is a third degree misdemeanor, which include a heavy fine, and or up to one year in jail. Stalking charges are more serious crimes, a first degree misdemeanor, which carries a fine up to $10,000, and or at least five years in jail. The Ethical Debate: Who Should Be Held Responsible? There are many opinions on how cyber bullying should be handled, and who will handle it. Some say the parents are responsible for knowing what their children are doing online, and to stop the bullying. Others say that it is the schools responsibility to handle the situation, and others say it is a job for law enforcement. The argument with parents is that they are not overseeing their children’s activities online. They give their children smart phones, laptops, tablets, and don’t monitor their activity, specifically on social media. Parents are providing their children with these devices, is it their responsibility to oversee the online activities? Another argument is how schools should handle cyber bullying. Some believe that since the bullying takes place in the cyber world, and not physically on school property, that the school has no authority to take action. Others believe that because it affects the everyday life of the victim while they are in school, the school needs to take action. It is a tricky situation. While the bullying may never take place inside of school, it is still affecting school life. Where is the line drawn for the school’s intervention? The last argument is that cyber bullying should be handled by the police. I have already discussed the laws and punishments that assist cyber bullying. Some believe law enforcement should be involved because of the potential devastating effects that cyber bullying can cause. Others believe that law enforcement action is too harsh for just bullying. Since we know the deadly affects that cyber bullying can cause, is it justified to call in law enforcement to end the bullying?